KUWAIT CITY, Dec 9: A study found that both employers and domestic workers are not sufficiently aware and familiar with the provisions of the Domestic Employment Act No. 68 of 2015. The study that was issued by the Kuwait Society for Human Rights regarding the Domestic Workers Employment Act No. 68 for the year 2015, titled ‘Domestic Workers Rights Between Legislation and Enforcement Through the Law 68 for the year 2015’ clarified that acknowledging the law, committing to it and having it enforced are the main important signs to an effective law.
The study concluded that the law didn’t reach the minimum needed level of awareness in its enforcement and application fields, as it showed that 62.2 % of the employers who were included in the survey are not aware that the domestic workers law exist in spite of the fact that more than three years have passed since the law was issued.
On the other hand 71,59 % of the domestic workers are not aware of it. Moreover, 91.9% of the employers who were included in the survey claimed that they hold the workers passport with them even when they request to have a law that regulates the work relationship between them and the workers, between them and the recruitment offices too.
Which is considered as a law breach – violation “holding passports”. The study has also revealed that 86.95 % of the recruitment offices owners see that the law failed to provide a positive connection between the recruitment offices and the domestic workers department and 78.25 % think that the new terms and conditions to issue or renew a work permit so as to practice their recruitment business are an injustice, complicated terms.
The study has also concluded recommendations such as abolish or reformulate the sponsorship laws ‘Kafala system’ that gives more powers to the employers and ends up with an unequal positions for both parties in the working contract, having the government to hire professional bilingual detectives to handle domestic workers cases, hiring translators for the main spoken languages spoken by domestic workers, obligating recruitment offices to hold workshops and seminars regarding the law for employers working in the offices, providing legal proceedings to be taken by domestic workers in case of a fraud runaway complain and have it to be seen by courts in Kuwait to have a final fair judgment, because the runaway complain on its current legal system is having major shortfalls.
Also, the study was issued recently at the end of this November 2018 and it was a part of a major project called ‘Support’ that the Kuwait Society for Human Rights had it accomplished in cooperation with SDC the Swiss agency for development and cooperation.